Cemeteries Rules
(Gazette 3–6–1884, 11–11–1911, S.I. 10/1924, 6/1935, 12/1927, 57/1946, 7/1918, 8/1929, 22/1930, 50/1940)
Gazette 3 March 1884
Gazette 11 November 1911
Amended by S.I. 10/1924, 6/1935
PART 1
CASTRIES RIVERSIDE CEMETERY
1. The Old Roman Catholic Cemetery, known as the Castries Riverside Cemetery is hereby declared to be closed under the Cemeteries Act.
2. The said Cemetery shall be under the control of the Commissioner of Police, who shall cause the same to be kept clean and in a sanitary condition.
3. (1) A human body shall not be buried in any vault without the sanction of the Governor General and—
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(a) unless 2 years shall have elapsed since the last burial of a human body in the said vault; or,
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(b) unless each coffin previously deposited in the vault shall have been separately entombed in an air-tight manner by properly cemented stone or brick work.
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(2) Every application for sanction to open a vault for the purpose of burial therein shall be made to the Commissioner of Police in writing, and shall be accompanied by a certificate under the hand of the Curé‚ of Castries stating the date of the last burial of a human body in the vault.
4. (1) Within 4 months from the date of the publication of these Rules every person claiming to be the owner of a vault shall deliver to the Commissioner of Police a statement in writing setting out his or her full name and address, the grounds of his or her claim, and the exact situation of the vault. Within 4 months of the death of such owner, his or her heirs or successors shall deliver to the Commissioner of Police a similar statement in writing.
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(2) After the expiration of the said period of 4 months no burial shall be permitted in any vault in respect of which a statement as aforesaid has not been delivered, except by special permission of the Governor General.
5. (1) The Chief Engineer shall cause to be made, and shall keep, a plan of the Cemetery upon which the situation of each vault shall be indicated; and he or she shall deliver a copy of the plan to the Commissioner of Police, who shall keep the same.
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(2) The Commissioner of Police shall also keep a register showing all such vaults numbered consecutively, the names of the respective owners of the same, the date of each burial, and the name of each person buried.
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(3) The Curé of Castries shall give to the Commissioner of Police all such information as he or she may require for the purposes of the register.
6. A person shall not open or repair any vault without the permission of the Commissioner of Police.
7. A person shall not enlarge or alter any existing vault or build any new vault.
8. (1) Where in the opinion, and on the report, of the Commissioner of Police a vault is ruinate or dilapidated, or its condition such as to make it a nuisance or dangerous to any other vault, or to public health, or otherwise, the Commissioner of Police with the approval of the Governor General may order the demolition of such vault by the registered owner, within the delay specified in the order, or such extended delay as the Commissioner of Police may consider it necessary to allow in the circumstances.
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(2) If, however, the registered owner neglects to comply with such order, or if there is no registered owner, or the registered owner cannot be found or traced in Saint Lucia, the Commissioner of Police, with the approval of the Governor General, may authorise the demolition of such vault and the disposal of its remains, without prejudice, however, to any claim for reimbursement or otherwise which may be made against the owner of such vault in respect of such demolition.
9. Every person who delivers the statement required in rule 4 hereinbefore, and every person claiming to be the owner of a vault in respect of which such a statement has been delivered, shall keep clean and in good order the vault mentioned in such statement and the immediate surroundings thereof, to the satisfaction of the Commissioner of Police; and no burial shall be permitted in any vault in respect of which this rule is contravened.
10. No burial shall be permitted in any vault, the ownership of which is claimed to have been acquired by purchase after the date of the publication of these Rules in the Gazette.
11. The Commissioner of Police shall furnish to the Governor General annually in the month of January, a report on the condition of the Cemetery throughout the previous calendar year with a statement of the number of burials in it which have taken place, with particulars of dates and names.
PART 2
GROS ISLET CEMETERY
12. The old Gros Islet Cemetery is hereby declared closed as a place of burial and no burials shall take place at Gros Islet without the sanction of the Governor General except in the New Gros Islet Cemetery acquired by Proclamation dated 2 January 1900, published in the Gazette of 5 January 1900, and hereinafter called the Cemetery.
13. The Cemetery shall be open from sunrise to sunset for the burial of the dead.
14. Such portion of the Cemetery as may be assigned for the burial of the dead of the Roman Catholic denomination shall be under the control and custody of the Parish Priest of Gros Islet who shall be ex officio the custodian thereof; and such portion of the Cemetery as may be assigned for the burial of the dead of other denominations shall be under the control and custody of the Clerk to the Local Authority of Gros Islet who shall be ex officio the custodian thereof; and they shall appoint such gardeners and grave-diggers as they may consider necessary within their respective jurisdictions for the purposes hereinafter mentioned.
15. The Cemetery shall be kept free from bush, weeds and nuisances of all kinds, and the fences, roads, trenches and walks shall be maintained in proper order and repair.
16. (1) Any person wishing to acquire a right of property in selected land within the Cemetery shall apply to the custodian having authority in respect thereof who shall grant the applicant a space within the section to be set apart for family burial grounds on payment for the land so granted.
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(2) The right of property acquired by such payment shall include the right to erect any railing, tablet, stone or monument.
17. Except in land set apart for family burial grounds as in the last preceding rule, all graves shall be dug in uniform parallel lines and each grave in each section shall be numbered in regular series. A space of 4 feet wide by 8 feet in length shall be allotted to each grave and a clear space of 4 feet shall intervene between the outside lines of graves and the walls of the Cemetery.
18. No grave shall be less than 5 feet in depth for persons under 12 years of age, and 6 feet for other persons. All graves in unappropriated land shall be set out and dug under the order of the custodian, and in all cases 6 hours' notice of a funeral shall be given at the office of the custodian.
19. Any person wishing to enclose any grave in other than land set apart, or to erect any railing, tablet, stone or monument thereon, shall apply to the custodian having authority in respect thereof; and such enclosure or erection, having been approved by him or her, shall be made under his or her direction, on payment of the proper dues.
20. No vault shall be erected, nor (except by permission of the custodian having authority in respect thereof) any tree be planted in the Cemetery.
21. The custodian shall keep in his or her office—
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(a) a diagram of the Cemetery;
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(b) a book showing all lands appropriated under rule 16, the numbers, the size of the lots, the sums paid for them and the names of the allottees;
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(c) a book of similar character showing the graves appropriated under rule 17, the numbers, the sums paid, and the names of the persons buried;
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(d) a Register book of all interments showing the dates of burial, names, sexes, and ages of all persons buried in the Cemetery;
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(e) such other books as the Governor General may prescribe.
22. (1) The following dues shall be paid to the custodian prior to any interment, admission of hearse or carriage, allotment of ground, or permission to erect any railing, tablet, stone or monument—
| $ | ¢ |
| For an ordinary interment in the common burial ground | 1 | 44 |
| (But the custodian may in the case of paupers remit this fee). | | |
| For an allotment of ground in appropriated land per square foot | | 60 |
| For a grave dug in appropriated land | | 96 |
| For the admission of a hearse or carriage | 1 | 20 |
| For permission to erect any railing enclosing a grave on unappropriated land, or any tablet, stone or monument thereon – 10%, on the assessed value of such railing, tomb, tablet, stone or monument. | | |
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(2) The custodian shall be entitled to demand and receive the aforesaid dues; and he or she shall pay the same monthly into the Treasury to the credit of the Cemetery fund and shall send a monthly account of the same to the Director of Audit for audit.
23. The custodian shall disburse such sums as may be necessary for the upkeep and maintenance of the Cemetery on approved requisition signed by the Governor General.
24. The custodian shall be entitled to such remuneration as may be awarded to him or her by the Governor General in consideration of his or her duties in connection with the Cemetery.
PART 3
MICOUD CEMETERY
25. The Cemetery shall be open from sunrise to sunset for the burial of the dead.
26. The Cemetery shall be under the control and custody of the Clerk to the Local Authority of Micoud who shall be ex officio the Custodian thereof; and he or she shall appoint such gardeners and grave-diggers as he or she may consider necessary. However, in the absence of the Clerk from Micoud the police officer in charge of the police station at
Micoud shall exercise the powers and perform the duties of the Custodian of the Cemetery.
27. The Cemetery shall be kept free from bush, weeds and nuisances of all kinds, and the fences, roads, trenches and walks shall be maintained in proper order and repair.
28. (1) Any person wishing to acquire a right of property in selected land within the Cemetery shall apply to the Custodian having authority in respect thereof who shall grant the applicant a space within the section to be set apart for family burial grounds on payment for the land so granted.
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(2) The right of property acquired by such payment shall include the right to erect any railing, tablet, stone or monument.
29. Except in land set apart for family burial grounds as in the last preceding rule, all graves shall be dug in uniform parallel lines and each grave in each section shall be numbered in regular series. A space of 4 feet wide by 8 feet in length shall be allotted to each grave and a clear space of 4 feet shall intervene between the outside lines of graves and the walls of the Cemetery.
30. No grave shall be less than 5 feet in depth for persons under 12 years of age, and 6 feet for other persons. All graves in unappropriated land shall be set out and dug under the order of the Custodian, and in all cases 6 hours' notice of a funeral shall be given at the office of the Custodian.
31. Any person wishing to enclose any grave in other than land set apart, or to erect any railing, tablet, stone or monument thereon, shall apply to the Custodian having authority in respect thereof; and such enclosure or erection, having been approved by him or her, shall be made under his or her direction, on payment of the proper dues.
32. No vault shall be erected, nor (except by permission of the Custodian having authority in respect thereof) any tree be planted in the Cemetery.
33. The Custodian shall keep in his or her office—
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(a) a diagram of the Cemetery;
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(b) a book showing all lands appropriated under rule 28 the numbers, the size of the lots, the sums paid for them and the names of the allottees;
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(c) a book of similar character showing the graves appropriated under rule 29, the numbers, the sums paid, and the names of the persons buried;
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(d) a Register book of all interments showing the dates of burial, names, sexes, and age of all persons buried in the Cemetery;
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(e) such other books as the Governor General may prescribe.
34. (1) The following dues shall be paid to the Custodian prior to any interment, admission of hearse or carriage, allotment of ground, or permission to erect any railing, tablet, stone or monument, namely—
| $ | ¢ |
| For an ordinary interment, in the common burial ground | | 48 |
| (But the custodian may in the case of paupers remit this fee). | | |
| For an allotment of ground in appropriated land – per square foot | | 60 |
| For a grave dug in appropriated land | 1 | 44 |
| For admission of a hearse or carriage | 1 | 20 |
| For permission to erect any railing enclosing a grave on unappropriated land, or any tablet, stone or monument thereon – 10%, on the assessed value of such railing, tablet, stone or monument. | | |
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(2) The Custodian shall be entitled to demand and receive the aforesaid dues; and he or she shall pay the same monthly into the Treasury to the credit of the Micoud Village Fund and shall send a monthly account of the same to the Auditor for audit.
35. The cost of upkeep, and maintenance of the Cemetery shall be provided from the Village Fund, and shall form a separate item on the Annual Estimates.
PART 4
DENNERY CEMETERY
36. The Old Dennery Cemetery is hereby declared closed as from 1 July 1918, as a place of burial and no burials shall take place at Dennery without the sanction of the Governor General except in the New Dennery Cemetery acquired by Proclamation dated 5 December 1917, published in the Gazette of 15 December 1917, and hereinafter called the Cemetery.
37. The Cemetery shall be open from sunrise to sunset for the burial of the dead.
38. The Cemetery shall be under the control and custody of the Clerk to the Local Authority of Dennery who shall be ex officio the Custodian thereof; and he or she shall appoint such gardeners and grave diggers as he or she may consider necessary. However, in the absence of the Clerk from Dennery the police officer in charge of the police station at Dennery shall exercise the powers and perform the duties of the Custodian of the Cemetery.
39. The Cemetery shall be kept free from bush, weeds and nuisances of all kinds, and the fences, roads, trenches and walks shall be maintained in proper order and repair.
40. (1) Any person wishing to acquire a right of property in selected land within the Cemetery shall apply to the Custodian having authority in respect thereof who shall grant the applicant a space within the section to be set apart for family burial grounds on payment for the land so granted.
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(2) The right of property acquired by such payment shall include the right to erect any railing, tablet, stone or monument.
41. Except in land set apart for family burial grounds as in the last preceding rule, all graves shall be dug in uniform parallel lines and each grave in each section shall be numbered in regular series. A space of 4 feet wide by 8 feet in length shall be allotted to each grave and a clear space of 4 feet shall intervene between the outside lines of graves and the walls of the Cemetery.
42. No grave shall be less than 5 feet in depth for persons under 12 years of age, and 6 feet for other persons. All graves in unappropriated land shall be set out and dug under the order of the Custodian, and in all cases 6 hours' notice of a funeral shall be, given at the office of the Custodian.
43. Any person wishing to enclose any grave in other than land set apart, or to erect any railing, tablet, stone or monument thereon, shall apply to the Custodian having authority in respect thereof; and such enclosure or erection, having been approved by him or her, shall be made under his or her direction, on payment of the proper dues.
44. No vault shall be erected, nor (except by permission of the Custodian having authority in respect thereof) any tree be planted in the Cemetery.45. The Custodian shall keep in his or her office—
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(a) a diagram of the Cemetery;
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(b) a book showing all lands appropriated under rule 40 the numbers, the size of the lots, the sums paid for them and the names of the allottees;
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(c) a book of similar character showing the graves appropriated under rule 41, the numbers, the sums paid, and the names of the persons buried;
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(d) a Register book of all interments showing the dates of burial, names, sexes and age of all persons buried in the Cemetery;
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(e) such other books as the Governor General may prescribe.
46. (1) The following dues shall be paid to the Custodian prior to any interment, admission of hearse or carriage, allotment of ground, or permission to erect any railing, tablet, stone or monument, namely—
| $ | ¢ |
| For an ordinary interment, in the common burial ground— | | |
| of an adult | 1 | 44 |
| of a child not exceeding 12 years of age | | 96 |
| For an allotment of ground in appropriated land per square foot | | 60 |
| For a grave dug in appropriated land | | 96 |
| For admission of a hearse or carriage | 1 | 20 |
| For permission to erect any railing enclosing a grave on unappropriated land, or any tablet, stone or monument thereon – 10%, on the assessed value of such railing, tablet, stone or monument. | | |
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(2) The Custodian shall be entitled to demand and receive the aforesaid dues: and he or she shall pay the same monthly into the Treasury to the credit of the Dennery Village Fund and shall send a monthly account of the same to the Auditor for audit.
47. The cost of upkeep and maintenance of the Cemetery shall be provided from the Village Fund, and shall form a separate item on the Annual Estimates.
PART 5
CHOISEUL CEMETERY
48. No burials shall take place at Choiseul without the sanction of the Governor General except in the Roman Catholic Cemetery or in the Choiseul Public Cemetery described in Notice No. 5 of 1930, published in the Gazette of 29 November 1930, and hereinafter called the Cemetery.
49. The Cemetery shall be open from sunrise to sunset for the burial of the dead.
50. The Cemetery shall be under the control and custody of the Clerk to the Local Authority of Choiseul who shall be ex officio the Custodian thereof; and he or she shall appoint such gardeners and grave-diggers as he or she may consider necessary. However, in the absence of the Clerk from Choiseul the police officer in charge of the police station at Choiseul shall exercise the powers and perform the duties of the Custodian of the Cemetery.
51. The Cemetery shall be kept free from bush, weeds and nuisances of all kinds, and the fences, roads, trenches and walks shall be maintained in proper order and repair.
52. (1) Any person wishing to acquire a right of property in selected land within the Cemetery shall apply to the Custodian having authority in respect thereof who shall grant the applicant a space within the section to be set apart for family burial grounds on payment for the land so granted.
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(2) The right of property acquired by such payment shall include the right to erect any railing, tablet, stone or monument.
53. Except in land set apart for family burial grounds as in the last preceding rule, all graves shall be dug in uniform parallel lines and each grave in each section shall be numbered in regular series. A space of 4 feet wide by 8 feet in length shall be allotted to each grave and a clear space of 4 feet shall intervene between the outside lines of graves and the walls of the Cemetery.
54. No grave shall be less than 5 feet in depth for persons under 12 years of age, and 6 feet for other persons. All graves in unappropriated land shall be set out and dug under the order of the Custodian, and in all cases 6 hours' notice of a funeral shall be given at the office of the Custodian.
55. Any person wishing to enclose any grave in other than land set apart, or to erect any railing, tablet, stone or monument thereon, shall apply to the Custodian having authority in respect thereof; and such enclosure or erection, having been approved by him or her, shall be made under his or her direction, on payment of the proper dues.
56. No vault shall be erected, nor (except by permission of the Custodian having authority in respect thereof) any tree be planted in the Cemetery.
57. The Custodian shall keep in his or her office—
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(a) a diagram of the Cemetery;
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(b) a book showing all lands appropriated under rule 52, the numbers, the size of the lots, the sums paid for them and the names of the allottees;
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(c) a book of similar character showing the graves appropriated under rule 53, the numbers, the sums paid, and the names of the persons buried;
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(d) a Register book of all interments showing the dates of burial, names, sexes and age of all persons buried in the Cemetery;
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(e) such other books as the Governor General may prescribe.
58. (1) The following dues shall be paid to the Custodian prior to any interment, admission of hearse or carriage, allotment of ground, or permission to erect any railing, tablet, stone or monument, namely—
| $ | ¢ |
| For an ordinary interment, in the common burial ground— | | |
| of an adult | 1 | 44 |
| of a child not exceeding 12 years of age | | 96 |
| (But the Custodian may in the case of paupers remit this fee) | | |
| For an allotment of ground in appropriated land – per square foot | | 60 |
| For a grave dug in appropriated land | | 96 |
| For admission of a hearse or carriage | 1 | 20 |
| For permission to erect any railing enclosing a grave on unappropriated land, or any tablet, stone or monument thereon – ten per cent. on the assessed value of such railing, tablet, stone or monument. | | |
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(2) The Custodian shall be entitled to demand and receive the aforesaid dues; and he or she shall pay the same monthly into the Treasury to the credit of the Choiseul Village Fund and shall send a monthly account of the same to the Director of Audit for audit.
59. The cost of upkeep and maintenance of the Cemetery shall be provided from the Village Fund, and shall form a separate item on the Annual Estimates.
PART 6
BOUGUIS CEMETERY
60. In these Rules, unless the context otherwise requires—
“the Cemetery” means the Cemetery at Bouguis in the Quarter of Dauphin.
61. The Cemetery shall be open from 6:00 in the morning to 6:00 in the evening for the burial of the dead.
62. The Cemetery shall be under the control of a Custodian appointed by the Governor General for that purpose.
63. The Cemetery shall be kept free from bush, weeds and nuisances of all kinds, and the fences, roads, trenches and walks shall be maintained in proper order and repair.
64. (1) Any person wishing to acquire a right of property in selected land within the Cemetery shall apply to the Custodian who shall grant the applicant a space within the section to be set apart for family burial grounds on payment of the prescribed fee for the land so granted.
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(2) The right of property acquired by such payment shall include the right to erect any railing, tablet, stone or monument.
65. (1) Except in land set apart for family burial grounds as in the last preceding rule, all graves shall be dug in uniform parallel lines and each grave in each section shall be numbered in regular series. A space of 4 feet wide by 8 feet in length shall be allotted to each grave and a clear space of 4 feet shall intervene between the outside lines of each grave and between each grave and the boundaries of the Cemetery.
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(2) No grave shall be less than 5 feet in depth for persons under 12 years of age and 6 feet for other persons. All graves in unappropriated land shall be set out and dug under the order of the Custodian and in all cases 6 hours' notice of a funeral shall be given at the office of the Custodian.
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(3) Any person wishing to enclose any grave in other than land set apart, or to erect any railing, tablet, stone or monument thereon, shall apply to the Custodian and such enclosure or erection having been approved by him or her shall be made under his or her direction, on payment of the prescribed fee.
66. No vault shall be erected or any tree planted in the Cemetery without the permission of the Custodian.
67. The Custodian shall keep in his or her office—
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(a) a diagram of the Cemetery;
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(b) a book showing all lands acquired under rule 64 of these Rules, the numbers and the size of the lots, the sums paid therefor and the names of the allottees;
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(c) a book of similar character showing the graves appropriated under rule 65 of these Rules, the numbers, the sums paid therefor, and the names of the persons buried;
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(d) a Register book of all interments showing the dates of burial, names, sexes, and age of all persons buried in the Cemetery;
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(e) such other books as the Governor General may prescribe.
68. (1) The following dues shall be paid to the Custodian prior to any interment, admission of hearse or carriage, allotment of ground or permission to erect any railing, tablet, stone or monument—
| $ | ¢ |
| For an ordinary interment in the common burial ground. However, the Custodian may in the case of paupers remit this fee | | 48 |
| For an allotment of ground in appropriated land – per square foot | | 60 |
| For a grave dug in appropriated land | | 96 |
| For the admission of a hearse or carriage | 1 | 20 |
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(2) The Custodian shall be entitled to demand and receive the aforesaid dues, and shall pay the same monthly into the Treasury to the credit of the Cemetery Fund and shall send a monthly account of the same to the Auditor for audit.
69. The Custodian shall disburse such sums as may be necessary for the upkeep and maintenance of the Cemetery on approved requisition signed by the Governor General.
70. The Custodian shall be entitled to such remuneration as may be awarded to him or her by the Governor General in consideration of his or her services in connection with the Cemetery.
Note—
Other Cemeteries
1. A Notice published as S.I. 30/1992 declared the Vieux Fort Public Cemetery closed and established a cemetery to be known as the La Tourney Cemetery but no rules have yet been published.
2. A Notice of land selected for a Public Cemetery for the Village of Laborie was published as S.I. 33/1955 in the Gazette dated 17 September 1955, but no rules have yet been published.
3. A Notice of land selected for a Public Cemetery at Desruisseaux in the Quarter of Michoud was published as S.I. 19/1972 but no rules have yet been published.
4. A Notice of land selected for a Public Cemetery for Gros Islet was published as S.I. 29/1972 but no rules have yet been published.
5. A Notice of land selected for a Public Cemetery for Roseau was published as S.I. 18/1972 but no rules have yet been published.